IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 11551 OF 2022
PETITIONER:
AJITHA P.K
AGED 60 YEARS
W/O. LATE SASI K.V, 'SUKRUTHAM' WARD NO.3/34,
PEECHINGACHIRA, P.O. PUTHENCRUZ - 682308.
BY ADVS.
R.PARTHASARATHY
SEEMA
RESPONDENTS:
1 THE VADAVUKODE PUTHENCRUZ GRAMA PANCHAYAT,
REPRESENTED BY ITS PRESIDENT, P.O. PUTHENCRUZ, PIN -
682308, ERNAKULAM DISTRICT.
2 THE SECRETARY
VADAVUCODE PUTHENCRUZ GRAMA PANCHAYATH, P.O, PUTHENCRUZ
- 682308, ERNAKULAM DISTRICT.
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE -
II, PERUMBAVOOR - 683542, ERNAKULAM DISTRICT.
4 THE MEDICAL OFFICER
C.H.C. VADAVUCODE, VADAVUCODE P.O, ERNAKULAM DISTRICT,
PIN - 682310.
5 THE HEALTH INSPECTOR
C.H.C. VADAVUCODE, VADAVUCODE P.O, ERNAKULAM DISTRICT,
PIN - 682310.
6 ANILKUMAR K.K.,
S/O. KRISHNAN, KAMMALA HOUSE, VELOOR KARA, PUTHENCRUZ
VILLAGE, PUTHENCRUZ P.O, - 682308, ERNAKULAM DISTRICT.
7 M/S.SILENT ENTERPRISES,
REPRESENTED BY ITS MANAGER, NEAR WCC JUNIOR SCHOOL,
PEECHINGACHIRA, KANINADU P.O - 682310, ERNAKULAM
DISTRICT.
BY ADVS.
W.P (C) No.11551 of 2022
2
K.S.ARUN KUMAR
K.S.ARUN KUMAR, SC, VADAVUKODE PUTHENCRUZ GRAMA
PANCHAYATH
SHIBU JOSEPH
OTHER PRESENT:
SRI.T.NAVEEN, SC FOR R3, SMT.VIDYA KURIAKOSE, GP
FOR R4 & 5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.11551 of 2022
3
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.11551 of 2022
---------------------------
Dated this the 3rd day of June, 2022
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 2nd respondent to take action on Exhibit P1 complaint and stop the activities of the 7th respondent in the property in R.S.No.238/8 of Puthencruz Village, in Ward No.6 of Vadavucode - Puthencruz Grama Panchayath, in the light of Ext.P14 report of the 5th respondent.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to take action on Exhibit P10 complaint and stop the activities of 7th respondent in the property of 6th respondent in R.S.No.238/8 of Puthencruz Village, in Ward No.6 of Vadavucode- Puthencruz Grama Panchayath.
2. The petitioner is a resident of Ward No.3 of Vadavucode - Puthencruz Grama Panchayath, Ernakulam. It is the case of the petitioner that in front of her residence, on the opposite side of the PWD road in Resurvey No.238/8 of Puthencruz Village, Kunnathunad Taluk, Ernakulam District, the 6th respondent and the 7th respondent has started a yard where Heat Exchangers, Boilers, Vessels, W.P (C) No.11551 of 2022 4 Containers, Reactors, Furnaces ducts, Pipes etc are brought from Refineries and other Industries for breaking them. It is the case of the petitioner that Heat Exchangers, Boilers, Vessels, Containers, Reactors, Furnaces ducts, Pipes etc., all have chemical residues in it and when these are being broken down by using thermal (gas cutting) as well as mechanical process the residues within the eat Exchangers, Boilers, Vessels, Containers, Reactors, Furnaces ducts, Pipes etc. get burned and emit smoke and it is highly harmful. According to the petitioner, this is done without getting a trade licence. It is also submitted that the consent from the Pollution Control Board is not obtained. Ext.P4 is the report of the Health Inspector, in which it is stated that there is no pollution. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for 1st and 2nd respondents. I also heard the learned Standing Counsel appearing for the 3rd respondent and the Government Pleader appearing for respondents Nos.4 and 5.
4. When this writ petition came up for consideration on 08.04.2022, this Court passed the following order:- W.P (C) No.11551 of 2022 5 "The respondents to place on record their counter affidavit. The respondents 1 to 3 to ensure that the respondents 6 and 7 will not carry out any activities which require licence without obtaining trade licence and permissions.
Post after vacation."
5. Now the 1st respondent - Panchayath filed a counter affidavit, in which it is stated that there is sound and air pollution by usage of machineries. Paragraph 5 of the counter affidavit reads as follows:-
"The averments in paragraph 4 are partially false. This respondent has acted prudently on receiving the said complaint of the petitioner. The Health Inspector was instructed to conduct an inspection. The inspection finds the said industry is causing potential sound and air pollution by the usage of machineries. The said industry is also found functioning without a licence from the Panchayath. On 24.03.2022 this respondent issued a notice directing to temporarily stop functioning of the industry and to obtain a valid license."
6. In the light of the same, it is clear that there is sound pollution and there is no licence obtained by 6 th and 7th respondents for conducting industries. In the light of the same, the interim order passed by this Court can be made W.P (C) No.11551 of 2022 6 absolute. If any application for licence is received by the statutory authorities from side of 6 th and 7th respondents for the industries, the statutory authorities shall hear the petitioner also before passing final orders in those application. Therefore, this writ petition is disposed of with the following directions:-
I) The interim order dated 08.04.2022 is made absolute.
II) The 6th and 7th respondents shall not carry out any activities in the neighbourhood of the petitioner, without obtaining trade licence and permissions from statutory authorities if it requires such permissions and licence.
III) If any application is received from 6th and 7th respondents to carry out the activities in the neighbourhood of the petitioner, the statutory authorities should give notice to the petitioner before passing final orders.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.11551 of 2022 7 APPENDIX OF WP(C) 11551/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 18.02.2022. Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT DATED 18.02.2022.
Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 5TH RESPONDENT DATED 18.02.2022. Exhibit P4 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT DATED 18.03.2022.
Exhibit P5 TRUE COPY OF THE LETTER BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT FORWARDING THE REPORT BY THE 5TH RESPONDENT DATED 21.03.2022.
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT DATED 17.03.2022.
Exhibit P7 THE COPY OF THE ACKNOWLEDGMENT DATED 17.03.2022.
Exhibit P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE RESIDENTS OF THE AREA BEFORE THE 2ND RESPONDENT DATED 22.3.2022.
Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 24.03.2022.
Exhibit P10 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS IN THE AREA TO THE 3RD RESPONDENT DATED 22.03.2022. Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 24.03.2022.
Exhibit P12 PHOTOGRAPHS OF THE ACTIVITIES OF 7TH RESPONDENT AND THAT OF THE LOCALITY.